May 14, 2015

Exemption No. 11590

Regulatory Docket No. FAA–2015–0460

Mr. Simon Feldman

President

Simon Feldman Studio, Inc.

375 Farragut Avenue

Hastings-on-Hudson, NY 10706

Dear Mr. Feldman:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated February 12, 2015, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Simon Feldman Studio, Inc. (hereinafter petitioner or operator) for an exemption. 

The exemption would allow the petitioner to operate an unmanned aircraft system (UAS) to 

conduct aerial imaging and videography.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom and DJI Inspire 1.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 
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consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

• They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Simon Feldman Studio, Inc. is granted an exemption 

from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 

91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) 

and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data 

collection. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Simon Feldman Studio, Inc. is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.
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1. Operations authorized by this grant of exemption are limited to the DJI Phantom and

DJI Inspire 1 when weighing less than 55 pounds including payload. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this 

exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 
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or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 
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safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 
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PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 
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District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.

This exemption terminates on May 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
SIMON FELDMAN STUDIO, Inc.

375 Farragut Ave,

Hastings-on-Hudson, NY 10706

(Office) 914-589-2423

February 12 , 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113 (a) & (b);

91.7 (a);91.9 (b) (2);91.103(b); 91.109;91.119; 91.121; 91.151(a);91.203(a) &

(b);91.405 (a); 91.407(a) (1); 91.409(a) (2);91.417 (a) & (b).

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14

C.F.R. Part 11, Simon Feldman Studio Inc., hereafter referred to as "SFS", would like to

apply for an exemption from the following Code of Federal Regulations (C.F.R) to be

allowed commercial operation of lightweight Unmanned Aircraft Systems (UAS) for

aerial imaging and video in the Westchester NY and surrounding areas.

Public Good

Aerial photography/videography for Film/Television, geographical awareness for real

estate marketing and inspections has been around for a long time through manned

fixed wing aircraft and helicopters. But for small business owners, its expense has

been cost-prohibitive. Granting this exemption would allow the Petitioner to provide

this service at a much lower cost. Further, the small UAS’s being utilized in this

application will pose no threat to the public given its small size and lack of combustible

fuel when compared to larger manned aircraft. The operation of the UAS’s will

minimize ecological damage and promote economic growth by providing information

to businesses & individuals in the Westchester and surrounding Area.

SFS has experience in flying both the DJI Phantom & DJI Inspire1 for recreational

purposes as well as the use of Flight Training software during the past 3 years without

incident.

SFS will abide by all FAA requirements to ensure this exemption will provide a level of

safety at least equal to existing rules and will only operate in a safe environment that is

strictly controlled. SFS exemption request would permit operation of ultra-light weight,

unmanned (piloted by remote control) in predetermined areas away from general

public, airports, heliports and vehicular traffic, under 400 feet AGL, during daylight

hours and after carefully reviewing, inspecting and examining the area of aerial
observation. SFS will conduct extensive preflight inspections and protocols, during

which safety carries primary importance. (see our “Flight Operations Manual” attached)

This would allow for videos and photos within property boundaries for individual

homeowner real estate listings.

Approval of this exemption would thereby enhance safety and fulfill the Secretary of

Transportation's (the FAA Administrator's) responsibilities to " ... establish requirements

for the safe operation of such aircraft systems in the national airspace system." Section

333(c) of the Reform Act.

Information Supporting this Petition as Specified in 14 C.F.R. §11.81

(a) Your name and mailing address and, if you wish, other contact information such as

a fax number, telephone number, or e-mail address;

Simon Feldman Studio Inc.

Simon Feldman, President

375 Farragut Ave

Hastings-on-Hudson, NY 10706

(954) 918-3888

Email: simon@simondigital.com

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER

APPLICABLE RULES SUBJECT TO EXEMPTION

(b) The specific section or sections of 14 C.F.R. from which SFS seeks an exemption

• 21- Subpart H Certification procedures for products and parts, Airworthiness

Certificates

• 45.23 - Display of marks; general

• 61.113- Private pilot privileges and limitations: Pilot in command

• 91.103- Preflight Actions

• 91.105- Flight crew members at stations

• 91.109- Flight instruction; Simulated instrument flight and certain flight tests.

• 91.119- Minimum safe altitudes: General

• 91.121-Altimeter settings

• 91.151- Fuel requirements for flights in Visual Flight Rules (VFR) conditions

• 91.203 -Civil aircraft: certification required

• 91.405- Maintenance required

• 91.407- Operation after maintenance, preventative maintenance, rebuilding, and

alteration

• 91.409 -Inspections

• 91.417 - Maintenance records

(c) The extent of relief SFS seeks, and the reason SFS seeks the relief

SFS seeks an exemption for several provisions of 14 C.F.R. Parts 21, 45, 61, and 91 to

the extent to operate small UASs to record aerial video for cinematographic purposes.
This exemption application is expressly submitted to fulfill Congress' goal in passing

Section 333(a) through (c) of the Reform Act. This law directs the Secretary of

Transportation to consider whether certain unmanned aircraft systems may operate

safely in the national airspace system (NAS) before completion of the rulemaking

required under Section 332 of the Reform Act. In making this determination, the

Secretary is required to determine which types of UASs do not create a hazard to

users of the NAS or the public or pose a threat to national security in light of the

following:

• The UAS's size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.

Reform Act§ 333 (a). Lastly, if the Secretary determines that such vehicles "may

operate safely in the national airspace system, the Secretary shall establish

requirements for the safe operation of such aircraft in the national airspace system"

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions.

This statutory authority by its terms includes exempting civil aircraft, as the term is

defined under §40101 of the Act, that includes sUASs, from the requirement that all

civil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation

prescribed under subsection (a) or (b) of this section or any sections 44702-44716 of

this title if the Administrator finds the exemption in the public interest. 49 U.S.C.

§44701(f) See also 49 USC §44711(a); 49 USC§44704; 14CFR§91.203 (a) (1).

14 C.F .R. 21 - Subpart H Certification procedures for products and parts,

Airworthiness Certificates

SFS seeks exemption from 14 C.F.R. 21, Subpart H which states the certification

procedures for products and parts as well as airworthiness certificates. The sUAS to be

operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor

passenger, carries no explosive materials or flammable liquid fuels, and operates

exclusively within a secured area as set out in the Manual.

Unlike other civil aircraft, operations under this exemption will be tightly controlled and

monitored by both the operator, pursuant to the Manual's requirements, and under the

requirements and in compliance with local public safety requirements, to provide

security for the area of operation as is now done with conventional filming. The FAA

will have advance notice of all operations. These safety enhancements, which already

apply to civil aircraft operated in connection with motion picture,television production

and Real Estate, provide a greater degree of safety to the public and property owners

than conventional operations conducted with airworthiness certificates issued under

14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates

that there is no credible threat to national security posed by the UAS, due to its size,

speed of operation, location of operation, lack of explosive materials or flammable

liquid fuels, and inability to carry a substantial external load.
SFS has developed our own training procedures and regulations in conjunction with

manufactures best practices and manuals to promote and provide safe flying

experiences for our PIC(s) which can be viewed in section (e) of this petition. Unlike

other civil aircraft, operations under this exemption will be tightly controlled and

monitored by both the operator, pursuant to the Manual's requirements, and under the

requirements and in compliance with local public safety requirements, to provide

security for the area of operation.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

SFS seeks exemption from 14 C.F.R. 45.23, which discusses the display of marks.

Specifically, section 45.23 states, "(a) each operator of an aircraft must display on that

aircraft marks consisting of the Roman capital letter "N" (denoting United States

registration) followed by the registration number of the aircraft. Each suffix letter used

in the marks displayed must also be a Roman capital letter (b) when marks include

only the Roman capital letter "N" and the registration number is displayed on limited,

restricted or light-sport category aircraft or experimental or provisionally certificated

aircraft, the operator must also display on that aircraft near each entrance to the cabin,

cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high,

the words "limited," "restricted," "light- sport," "experimental," or "provisional," as

applicable".

SFS will need exemption from this regulation due to the small size of the aircraft and

that there is no cabin, cockpit, or pilot station for the aircraft. The words "Experimental"

has been placed on the fuselage in compliance with §45.29 (f) where the pilot,

observer and others working with the sUAV will see the identification of the UAS as

"Experimental." The FAA has issued the following exemptions to this regulation to

Exemptions Nos. 10700, 8738, 10167 and 10167A

.14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in

Command. SFS seeks exemption from 14 C.F.R. 61.113, which discusses private pilot

privileges and limitations for the Pilot in command (PIC).

SFS is seeking exemption from this regulation, because SFS believes that there is

inconclusive evidence that a person with a private pilot certificate can successfully

maneuver a sUAS without first hand flight experience with the particular sUAS. In fact,

having a private pilot license does not automatically ensure competence at flying an

sUAS in 3rd person view as required to properly operate an sUAS within the required

line of sight. However, we believe that the PIC and our FOVO (Field Operation Visual

Observer) must be able to understand and correctly interact with the general aviation

community. Therefore, we believe our own flight training with the sUAS will be more

than satisfactory.

Our PIC (Simon Feldman) a professional Photographer/Film maker of more than 20yrs

has 3 years of Hobby Model Flight experience with the sUAS and our FOVO (Pete

Linkowski holds a current Private Pilot’s license Cert# 3374357 and Third Class
Medical Certificate. Both PIC and FOVO work together as a flight team to insure

proper interaction with General Aviation protocols.

14 C.F.R. 91.103- Preflight Actions

SFS seeks exemption from 14 C.F.R. 91.103 which states that each pilot in command

shall,before beginning a flight, become familiar with all available information

concerning that flight. This information must include: (a) For a flight under IFR or a

flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements,

alternatives available if the planned flight cannot be completed, and any known traffic

delays of which the pilot in command has been advised by ATC; actions, including

reviewing weather, flight battery requirements, landing and takeoff distances, and

aircraft performance data before starting a flight.

SFS will be operating our sUAS in VFR. Our operations manual(see attached) already

includes preflight procedures directly pertaining to our sUAS which includes

equipment checklist as well a preplanning details regarding weather conditions,

review of any possible flight path of general aviation, our mission flight path and

weather conditions amongst other parameters required to complete the mission.

14 C.F.R. 91.105 -Flight crewmembers at stations

SFS seeks exemption from 14 C.F.R. 91.105, which discusses flight crewmembers at

stations. Specifically, 91.105 states "(a) During takeoff and landing, and while en route,

each required flight crewmember shall (1) Be at the crewmember station unless the

absence is necessary to perform duties in connection with the operation of the aircraft

or in connection with physiological needs; and (2) Keep the safety belt fastened while

at the crewmember station. (b) Each required flight crewmember of a U.S.-registered

civil aircraft shall, during takeoff and landing, keep his or her shoulder harness

fastened while at his or her assigned duty station. This paragraph does not apply if (1)

The seat at the crewmember's station is not equipped with a shoulder harness; or (2)

The crewmember would be unable to perform required duties with the shoulder

harness fastened. SFS will need exemption from this regulation due to the fact that the

sUAS will not have a flight crew or crew stations other than the PIC and a FOVO. The

PIC will also not have to be restrained into a seat via shoulder harness or safety belt at

the time of the flight.

14 C.F.R. 91.109- Flight instruction; Simulated instrument flight and certain flight

tests SFS seeks exemption from 14 C.F.R. 91.109, which discusses flight instruction,

simulated instrument flight, and certain flight tests. Specifically, 91.109 states "(a) No

person may operate a civil aircraft (except a manned free balloon) that is being used

for flight instruction unless that aircraft has fully functioning dual controls. However,

instrument flight instruction may be given in an airplane that is equipped with a single,

functioning throw over control wheel that controls the elevator and ailerons, in place of

fixed, dual controls, when (1) The instructor has determined that the flight can be

conducted safely; and (2) The person manipulating the controls has at least a private

pilot certificate with appropriate category and class ratings. (b) An airplane equipped

with a single, functioning throw over control wheel that controls the elevator and
ailerons, in place of fixed, dual controls may be used for flight instruction to conduct a

flight review required by §61.56 of this chapter, or to obtain recent flight experience or

an instrument proficiency check required by §61.5 7 when (1) The airplane is

equipped with operable rudder pedals at both pilot stations; (2) The pilot

manipulating the controls is qualified to serve and serves as pilot in command during

the entire flight; (3) The instructor is current and qualified to serve as pilot in command

of the airplane, meets the requirements of §61.195(b ), and has logged at least 25

hours of pilot-in-command flight time in the make and model of airplane; and ( 4) The

pilot in command and the instructor have determined the flight can be conducted

safely. (c) No person may operate a civil aircraft in simulated instrument

flight unless (1) The other control seat is occupied by a safety pilot who possesses at

least a private pilot certificate with category and class ratings appropriate to the aircraft

being flown. (2) The safety pilot has adequate vision forward and to each side of the

aircraft, or a competent observer in the aircraft adequately supplements the vision of

the safety pilot; and (3) Except in the case of lighterthan-air aircraft, that aircraft is

equipped with fully functioning dual controls. However, simulated instrument flight may

be conducted in a single-engine airplane, equipped with a single, functioning,

throw over control wheel, in place of fixed, dual controls of the elevator and ailerons,

when (i) The safety pilot has determined that the flight can be conducted safely; and (ii)

The person manipulating the controls has at least a private pilot certificate with

appropriate category and class ratings. (d) No person may operate a civil aircraft that

is being used for a flight test for an airline transport pilot certificate or a class or type

rating on that certificate, or for a part 121 proficiency flight test, unless the pilot seated

at the controls, other than the pilot being checked, is fully qualified to act as pilot in

command of the aircraft". Again, Except when necessary for takeoff or landing, no

person may operate an aircraft below the following altitudes: (a) Anywhere. An altitude

allowing, if a power unit fails, an emergency landing without undue hazard to persons

or property on the surface. (b) Over congested areas. Over any congested area of a

city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000

feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 50Q feet above the surface, except

over open water or sparsely populated areas. In those cases, the aircraft may not be

operated closer than 500 feet to any person, vessel, vehicle, or structure.

(d)Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is

conducted without hazard to persons or property on the surface- (1) A helicopter may

be operated at less than the minimums prescribed in paragraph (b) or (c) of this

section, provided each person operating the helicopter complies with any routes or

altitudes specifically prescribed for helicopters by the FAA; and (2) A powered

parachute or weight-shift-control aircraft may be operated at less than the minimums

prescribed in paragraph (c) of this section (a) Each person operating an aircraft shall

maintain the cruising altitude or flight level of that aircraft, as the case may be, by

reference to an altimeter that is set, when operating-(1) Below 18,000 feet MSL, to-(i)

The current reported altimeter setting of a station along the route and within 100

nautical miles of the aircraft; (ii) If there is no station within the area prescribed in

paragraph (a)(1)(i) of this section, the current reported altimeter setting of an

appropriate available station; or (iii) In the case of an aircraft not equipped with a radio,
the elevation of the departure airport or an appropriate altimeter setting available

before departure; or (2) At or above 18,000 feet MSL, to 29.92" Hg. (b) The lowest

usable flight level is determined by the atmospheric pressure in the area of operation

as shown in the following table:

SFS believes that there is inconclusive evidence that a person with a private pilot

certificate or license can successfully maneuver or train someone to use an sUAS

without first hand flight experience with the particular sUAS. Flying in 3rd person

orientation requires built-up experience in that form of flying for many years. Therefore,

we believe our own flight training, pilot protocols and first hand experiences with the

sUAS as laid out in our Flight Operations Manual meets and exceeds the requirements

necessary to safely operate our sUAS for the tasks we purpose. Also, the sUAS will

be operated by a remote control, which will only require a single person operator and

dual controls will not be necessary.

14 C.F.R. 91.119- Minimum safe altitudes: General

SFS seeks exemption from 14 C.F.R. 91.119, which discusses minimum safe altitudes.

As this exemption is for a sUAS that is a helicopter and the exemption requests

authority to operate at altitudes up to 400 AGL, or not more than 200 above an

elevated platform from which filming is planned, an exemption may be needed to allow

such operations. As set forth herein, except for the limited conditions stated in the

Manual, the UAS will never operate at higher than 400 AGL. It will however be

operated in a restricted area with security perimeter, where buildings and people will

not be exposed to operations without their pre-obtained consent. The equivalent level

of safety will be achieved given the size, weight, speed of the UAS as well as the

location where it is operated. No flight will be taken without the permission of the

property owner or local officials. Because of the advance notice to the property owner

and participants in the filming activity, all affected individuals will be aware of the

planned flight operations as set forth in the Manual. Compared to flight operations with

aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and

the lack of flammable fuel, any risk associated with these operations is far less than

those presently presented with conventional aircraft operating at or below 500 AGL in

the movie industry. In addition, the low-altitude operations of the sUAS will ensure

separation between these small- UAS operations and the operations of conventional

aircraft that must comply with Section 91.119.

14 C.F.R. 91.121- Altimeter settings

SFS seeks exemption from 14 C.F.R. 91.121, which discusses altimeter settings for

lowest usable flight level.

C.F.R. 91121 states,
Current altimeter setting Lowest usable flight level

29.92 (or higher) 180

29.91 through 29.42 185

29.41 through 28.92 190

28.91 through 28.42 195

28.41 through 27.92 200

27.91 through 27.42 205

27.41 through 26.92 210

(c) To convert minimum altitude prescribed under §§91.119 and 91.177 to the

minimum flight level, the pilot shall take the flight level equivalent of the minimum

altitude in feet and add the appropriate number of feet specified below, according to

the current reported altimeter setting

Current altimeter setting Adjustment factor

29.92 (or higher) None

29.91 through 29.42 500

29.41 through 28.92 1,000

28.91 through 28.42 1,500

28.41 through 27.92 2,000

27.91 through 27.42 2,500

27.41 through 26.92 3,000

SFS's sUAS uses both GPS altitude and barometric sensors and relays that

information to our ground station. However, this data is used help the sUAS to

automatically maintain position hold at the required elevation and therefore this code

is not pertinent the functionality of this sUAS.

14 C.F.R. 91.151- Fuel requirements for flights in Visual Flight Rules (VFR)

conditions

SFS seeks exemption from 14 C.F.R. 91.151, which discusses fuel requirements for

flight in VFR conditions. Specifically, 91.151 states "(a) No person may begin a flight in

an airplane under VFR conditions unless (considering wind and forecast weather

conditions) there is enough fuel to fly to the first point of intended landing and,

assuming normal cruising speed- (1) During the day, to fly after that for at least 30

minutes; or (2) At night, to fly after that for at least 45 minutes. (b) No person may begin

a flight in a rotorcraft under VFR conditions unless (considering wind and forecast

weather conditions) there is enough fuel to fly to the first point of intended landing and,

assuming normal cruising speed, to fly after that for at least 20 minutes".

SFS's sUAS has a typical mission time of less than 10 minutes with maximum flight

time of 20 minutes. Since this amount less than the 30 minute reserve minimum, this

reserve minimum would not even make sense in allowing the sUAS a chance to fly.

According to SFS's aircraft flight manual, the PIC is instructed to maintain flight until

battery power reaches 25%, or 1st level warning. At this level, landing procedures will

be intiated. Once the sUAS reads 20%, 2nd level warning, the flight control system
automatically take over and initiates safe landing sequence at the logged in takeoff

point. SFS policy outlined in our Flight Operations Manual achieves satisfactory safety

standards.

SFS believes that an appropriate and current airworthiness certificate would not be

necessary to fly a sUAS given the size of the aircraft and the necessary level of skill

needed to operate the aircraft. Before putting in to service, each of our sUAS goes

through our own airworthiness proceedures of miminum test flight and reliability

checks. Also, our sUAS are recalibrated each at the site location before each flight to

ensure that all systems functions as designed. SFS seeks exemption from this

regulation because we believe this rule was not meant for a sUAS and operators.

14 C.F.R. 91.405, 91.407, 91.409, and 91.417

SFS seeks exemption from 14 C.F.R. 91.405, 91.407, 91.409, and 91.417, which

discusses required aircraft maintenance, operation after maintenance, preventive

maintenance, rebuilding, or alteration, inspections, and maintenance records. In SFS's

aircraft flight manual, maintenance and inspection procedures have been established

for the aircraft. SFS believes these regulations are meant for manned operated

aircrafts and not unmanned systems, therefore making them unnecessary.

Nevertheless, we seek an exemption from any such specific provisions to the extent

FAA finds it necessary to grant this request.

(d) The reasons why granting SFS's request would be in the public interest; that is,

how it would benefit the public as a whole.

SFS is classified as an Film & Television Production company by the U.S. Department

of Commerce and provides services to aerial support for commercial interest. SFS's

use of a sUAS can assist in making task safer and minimize human exposure to being

at dangerous elevations. SFS's sUAS usage in the aerial photography and

cinematography will also reduce the time required to captured the needed scenes as

compared to convention helicopters or airplanes. Ultimately, the result is quick

completion of task an reduction of dangerous elevation perspective needs.

(e) The reasons why granting the exemption would not adversely affect safety, or how

the exemption would provide a level of safety at least equal to that provided by the rule

from which SFS seeks exemption Our Production department will provide a level of

safety that exceeds the level of safety required by the FAA for its use on sUAS. The

following are SFS's safety procedures, features, regulations, and operating

specifications for our sUAS:

• Our Squadron Leader /Chief Pilot in Charge is professional film maker of 20yrs who

has 3 years of RC Model building and flight experience with over 300 flight hours in

Multi-Rotor 3rd person flight.

• Our staff includes an FAA-rated private pilot who coordinates our FOVO

integration with general aviation and continues to train as sUAS operator.

• The Pilot In Command (PIC) and Field Operations Visual Observer (FOVO) will be
required to wear hard hats, safety vests, and safety glasses to protect the head and

eyes from potential mishaps during given operational flights including training or

testing of sUAS.

• The flight area of the sUAS will be observed for best take off and landing locations.

Desired conditions include: flat and level surfaces clear of debris, at least 15ft from

power lines and structures, and a minimum distance of 12ft from the PIC and

observers.

• The sUAS will also be in the Visual Line of Sight (VLOS) to both the PIC and FOVO

during all flights.

• Flights must take place during good weather conditions with no rain, low laying

clouds, or heavy winds. All flights will take place during daylight hours with no evening

or late night flights.

• The PIC(s) of the sUAS will at least have 12 training hours or 24 flights accrued

before being designated working flights.

• All batteries must be charged completely before each flight and each flight must end

when the battery has a 30% power level remaining.

• A visual safety inspection will occur before each flight, testing propeller tightness,

security mount of camera/detection equipment, remote range test, and proper safety

equipment is adorned to PIC and FOVO.

• The sUAS will be flown under a height of 500 ft AGL.

• No PIC or FOVO will engage in, nor may a PIC or FOVO permit, any activity during a

critical phase of flight so as to ensure that the sUAS is in a condition for safe flight

operation and in a configuration appropriate for the purpose of the intended flight.

• If there is more than just an operator at a site during a flight, the PIC operator and

observer or FOVO will maintain two-way communication with each other during all

operations; if unable to maintain two-way communications, or if any condition occurs

that may otherwise cause the operation to be unsafe, the operator will immediately

conclude the operation.

• If the communication link is lost, the sUAS will go into fail-safe mode and safely

descend to its designated home-point location. If the communication link is

reconnected during fail-safe mode, control of the sUAS can be regained before

landing occurs at the home-point location.

• There is no fuel or payload to the sUAS, therefore there will be no potential

explosives or risk of explosion if a crash occurs with the sUAS.

• The sUAS will feature a built in compass that will be recalibrated at every site to

maintain accurate directional readings. The compass will also help in keeping the

sUAS stable during flights.

•The sUAS will record GPS location data once Ready to Fly status has been obtained.

•A minimum of 6 satellites will activate the Ready to Fly status.

•The weight of the sUAS is less than 15 lbs .

•The aircrafts vertical and horizontal aspect concerning hovering accuracy is less than

0.5m and 1.5m respectfully. With a maximum wind resistance of 18mph.

•The typical aircraft wheelbase will be less than 1OOOmm in length .

•The aircraft runs off a Li-Po battery .

(f) A summary FAA can publish in the FEDERAL REGISTER, stating: (1) The rule from
which you seek the exemption; and (2) A brief description of the nature of the

exemption you seek

Petitioner: Simon Feldman Studio, Inc.

Sections of 14 C.F.R. Affected: 21 Subpart H; 45.23(b); 61.113(a)(b); 91.103; 91.105;

91.109; 91.119(c); 91.121(a)(1)(iii); 91.151(a)(1); 91.203; 91.405; 91.407; 91.409; and

91.417

Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F.R.

21 Subpart H; 45.23(b); 61.113(a)(b); 91.103; 91.105; 91.109; 91.119(c);

91.121(a)(1)(iii); 91.151(a)(1); 91.203; 91.405; 91.407; 91.409; and 91.417 to

Cinematographic filming subject to operating procedures that meet or exceed those

that FAA requires.

(g) Any additional information, views or arguments available to support your request

Please see the introduction to this exemption request.

(h) If you want to exercise the privileges of your exemption outside of the United

States, the reason why you need to do so

The Operations described in this exemption request will be conducted wholly within

the United States.

Attached hereto, and submitted as a confidential document, is our Flight Operations

Manual. We respectfully submit that good cause exists so that this confidential manual

does not need to be published in the Federal Register.

Please do not hesitate to contact me via email at simon@simondigital.com if you have

any questions

Very truly yours,

Simon

Simon Feldman

President,

Simon Feldman Studio, Inc.